201 N.C. App. 662 - State v. Fortney’s Empirical Analysis

Citation profile

15 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]f the State proves by the preponderance of the evidence that an offense classified as a misdemeanor in the other jurisdiction is substantially similar to an offense classified as a Class A1 or Class 1 misdemeanor in North Carolina, the conviction is treated as a Class A1 or Class 1 misdemeanor for assigning prior record level points.”

   3 later decisions quote this exact passage
   e.g. 241 N.C. App. 657 - State v. Reaves · State v. Sanders

2. “We emphasize that “copies of the . . . statutes from another jurisdiction, and comparison of their provisions to the criminal laws of North Carolina, are sufficient to prove by a preponderance of the evidence that the crimes of which defendant was convicted in those states were substantially similar to classified crimes in North Carolina for purposes of G.S. § 15A-1340.14(e).””

   1 later decision quote this exact passage
   e.g. State v. Sanders

3. ““North Carolina courts have cited a variety of factors that may be used in conjunction with the defendant’s presence near the seized contraband to support a finding of constructive possession.” “[Constructive possession depends on the totality of circumstances in each case,” so that “[n]o single factor controls.””

   1 later decision quote this exact passage
   e.g. State v. Huerta